**[DEFENDANT/Plaintiff]’S MOTION FOR SUMMARY JUDGMENT

AND BRIEF IN SUPPORT**
[Mont. R. Civ. P. 56]

[// GUIDANCE: This template is drafted for use in the District Courts of the State of Montana. Verify and conform to any Local Rules of the particular Judicial District before filing (e.g., page-limit, separate-brief, and hearing-notice requirements).]

DOCUMENT HEADER

IN THE DISTRICT COURT OF THE ___ JUDICIAL DISTRICT
OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF ___

Judge: Hon. ____

Date of Hearing (requested): _
Time of Hearing (requested): _

TABLE OF CONTENTS

1. Motion ……………………………………………………………………… 1
2. Introduction ……………………………………………………………… 1
3. Statement of Issues ……………………………………………………… 2
4. Statement of Undisputed Material Facts ……………………………… 2
5. Summary-Judgment Standard ………………………………………… 4
6. Argument …………………………………………………………………… 5
   6.1 Count One – ___ ……………………………………………………… 5
   6.2 Count Two – ___ ……………………………………………………… 7
7. Conclusion & Prayer for Relief ………………………………………… 9
8. Request for Oral Argument (Optional) ……………………………… 10
9. Certificate of Compliance (Page-Limit) ……………………………… 10
10. Certificate of Service …………………………………………………… 11
    Exhibit A – Proposed Order Granting Summary Judgment …………… 12
    Exhibit B – Separate Statement of Undisputed Facts …………………… 14

[// GUIDANCE: Delete the Table of Contents if the brief is fewer than ten pages, or if local rules prohibit TOCs counting toward the page limit.]

1. MOTION

COMES NOW [Defendant Name] (“Defendant”), by and through undersigned counsel, and pursuant to Mont. R. Civ. P. 56, respectfully moves this Court for entry of summary judgment in Defendant’s favor on all claims asserted by [Plaintiff Name] (“Plaintiff”). This Motion is supported by:

1. The accompanying Brief;
2. The Separate Statement of Undisputed Material Facts (“SSUMF”) (Ex. B), with cited record evidence (affidavits, deposition excerpts, discovery responses, and documents) as required by Mont. R. Civ. P. 56(c);
3. The pleadings and papers on file; and
4. Any argument or evidence presented at hearing as the Court may permit.

2. INTRODUCTION

[BRIEF, 1–3 concise paragraphs summarizing the lawsuit, the dispositive legal theory, and why no genuine dispute of material fact exists. Example:]

This is a straightforward breach-of-contract action. The undisputed evidence shows that Plaintiff failed to perform its payment obligations under the parties’ written Agreement dated ___, while Defendant fully performed. Because there is no genuine dispute concerning Plaintiff’s breach and Defendant’s resulting damages, Defendant is entitled to judgment as a matter of law.

3. STATEMENT OF ISSUES

1. Whether, under Mont. R. Civ. P. 56, Defendant has demonstrated the absence of any genuine dispute of material fact as to Plaintiff’s claim for ___ such that judgment as a matter of law is appropriate.
2. [Add additional discrete issues as necessary.]

4. STATEMENT OF UNDISPUTED MATERIAL FACTS

[// GUIDANCE: Montana practice strongly favors filing a separate SSUMF, with each fact set out in a short, numbered paragraph followed by pinpoint citation to record evidence. Include it here or attach as Exhibit B, depending on local rule.]

1. On , Plaintiff and Defendant executed the written Agreement attached as Ex. 1 to the Affidavit of ___ (“ Aff.”) ¶ ___.
2. Section __ of the Agreement required Plaintiff to remit $ to Defendant on or before . (___ Aff. ¶ __ & Ex. 1 § __.)
3. Plaintiff failed to remit the payment by the deadline. (Dep. of [Plaintiff Rep.] :–__.)
4. Defendant performed all conditions precedent under the Agreement. (___ Aff. ¶ __.)
5. [Continue numbering sequentially.]

5. SUMMARY-JUDGMENT STANDARD

Under Mont. R. Civ. P. 56, summary judgment shall be granted when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” The moving party may carry its burden by pointing to the absence of evidence supporting the non-moving party’s case or by producing affirmative evidence negating an essential element thereof. Once the movant meets this burden, the non-movant must “set forth specific facts showing that there is a genuine issue for trial” through admissible evidence; conclusory allegations and speculative assertions are insufficient.

[// GUIDANCE: Case citations omitted per policy. If your judge expects precedent, add after independent verification.]

6. ARGUMENT

6.1 Count One – Breach of Contract

A. Existence of Valid Contract
• Undisputed Facts 1–2 establish a signed, written Agreement supported by consideration.

B. Plaintiff’s Material Breach
• Undisputed Facts 2–3 show Plaintiff failed to tender the required payment.
• Payment was a material term (Agreement § __).

C. Defendant’s Performance and Absence of Breach
• Undisputed Fact 4 confirms Defendant’s full performance.

D. Damages
• Defendant incurred $ in unreimbursed costs and lost profits ( Aff. ¶ __).

Because each element of breach of contract is established and no contrary evidence exists, Defendant is entitled to judgment as a matter of law.

6.2 Count Two – ___

[Structure each claim or defense identically:
1. Element;
2. Citation to Undisputed Fact;
3. Legal analysis;
4. Request for relief.]

7. CONCLUSION & PRAYER FOR RELIEF

For the foregoing reasons, Defendant respectfully requests that the Court:

1. Grant this Motion;
2. Enter judgment in favor of Defendant on all claims;
3. Dismiss Plaintiff’s Complaint with prejudice; and
4. Award Defendant its taxable costs as allowed by law, and such other relief as the Court deems just and proper.

8. REQUEST FOR ORAL ARGUMENT (Optional)

Pursuant to Mont. R. Civ. P. 7(b)(1)(A) and [Local Rule __], Defendant requests oral argument. Oral presentation will assist the Court given the contractual interpretation issues and the monetary stakes. Estimated time: 30 minutes per side.

9. CERTIFICATE OF COMPLIANCE

I certify that this brief contains ___ pages (excluding caption, certificates, and exhibits) and thus complies with the [Local Rule __] page-limit of __ pages.

DATED this ___ day of ____, 20__.

Respectfully submitted,

[ATTORNEY NAME], Esq.
[BAR NO.]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for [Defendant]

10. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing Motion for Summary Judgment and all supporting documents were served upon the following counsel of record via [method—e-service, U.S. Mail, hand delivery] in accordance with Mont. R. Civ. P. 5:

• [Name], Counsel for Plaintiff – [Email/Address]

[ATTORNEY NAME]

EXHIBIT A

PROPOSED ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

IN THE DISTRICT COURT OF THE ___ JUDICIAL DISTRICT
OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF ___

The Court, having reviewed Defendant’s Motion for Summary Judgment, the Separate Statement of Undisputed Material Facts, all supporting evidence, Plaintiff’s response, any reply, and being fully advised in the premises, FINDS:

1. No genuine dispute exists as to any material fact.
2. Defendant is entitled to judgment as a matter of law on all claims.

ACCORDINGLY, IT IS ORDERED that:

A. Defendant’s Motion for Summary Judgment is GRANTED;
B. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE;
C. Defendant is awarded its taxable costs pursuant to Mont. R. Civ. P. 54(d).

DATED this ___ day of ____, 20__.

BY THE COURT:

Hon. ____, District Court Judge

EXHIBIT B

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

[Replicate Facts 1-n from Section 4, each followed by precise record citation. Add signature block and certificate of service identical to main brief, unless local rules allow incorporation by reference.]

ADDITIONAL PRACTICAL NOTES

[// GUIDANCE:
• Electronically sign using “/s/ [Name]” if filing via Montana E-Filing System.
• File SSUMF and each supporting affidavit/exhibit as separate PDFs where the e-filing portal requires.
• Authenticate exhibits per Mont. R. Evid. 901; object to inadmissible evidence in a separate filing if opposing.
• If requesting attorney fees in addition to costs, move separately under Mont. Code Ann. § 25-10-303 or the relevant contractual/ statutory provision.
• Calendar the 14-day reply deadline under Mont. R. Civ. P. 7(d)(2); adjust if local rules differ.]